The Commodity Futures Trading Commission (“CFTC”) and Federal Energy Regulatory Commission (“FERC”) recently announced the formation of an interagency Surveillance and Data Analytics Working Group as one of the next steps to further coordination of the agencies’ energy market surveillance and enforcement efforts as required by the Dodd-Frank Act. The working group will coordinate information … Continue reading
The Federal Energy Regulatory Commission (“FERC”) has identified ferreting out energy market manipulation as a priority in its enforcement efforts. On January 2, 2014, FERC and the U.S. Commodity Futures Trading Commission (“CFTC”) signed two Memoranda of Understanding (“MOUs”) that address the agencies’ jurisdictional overlap and sharing of information related to the agencies’ market surveillance … Continue reading
The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) added provisions to the Commodity Exchange Act (“CEA”) regarding the regulatory oversight of swaps transactions that have imposed unintended and burdensome consequences on energy industry participants, including natural gas local distribution companies (“LDCs”). Although the regulations adopted by the Commodity Futures Trading Commission (“CFTC”) have … Continue reading
The Federal Energy Regulatory Commission (“FERC”) has initiated investigations into energy market manipulation in the last two years that have resulted in nearly $1 billion in penalties and profit disgorgements from companies and traders. See our previous posts here, here, and here. Despite the significant enforcement efforts undertaken thus far, FERC Chairman Wellinghoff recently identified additional … Continue reading
The Dodd-Frank Act has significantly affected the energy industry, with the ultimate implications of the Act’s reforms remaining to be seen. Recent discussion has surrounded Section 1504’s requirement that companies disclose the type and total amount of payments made to foreign (and the U.S.) governments in connection with projects for the commercial development of … Continue reading